R.W. from San Diego, California writes:
Dear Mister Condo,
We are considering putting an offer in on a condo, but they have a dog weight restriction of 35 lbs. My ESA is a 70-pound Labrador. What is the law for this situation? This is a huge investment and I want to make sure before we go forward.
Mister Condo replies:
R.W., as you stated your Labrador is an ESA and not a pet. Therefore, it would follow that the pet weight restriction would not apply to your dog. However, there have been several pushbacks by condo associations on the validity of ESAs. If your ESA was, in fact, deemed a pet, you would have a problem. Another consideration for you to think about is how welcome your dog will be in a community that has a pet weight restriction. Even though you will know it is an ESA, other condo dwellers will simply see a very large dog that is out of place in a community with a pet weight restriction. I am not saying that you or your ESA wouldn’t be welcome in this community but I am saying that there may be better choices for you and your ESA. For instance, a condominium association without a pet weight restriction would be ideal as there would likely be other larger breeds there. It’s your choice. All the best!